wa-law.org > bill > 2025-26 > SB 5906 > Engrossed Substitute
Except as required by state or federal law, or as required to administer a state or federally supported early learning or child care program, early learning providers may not do either of the following:
Collect information or documents regarding immigration or citizenship status of students or their family members; or
Allow an officer or employee of an agency conducting immigration enforcement to enter a nonpublic area of an early learning or child care site for any purpose without being presented with a valid judicial warrant or court order. An early learning provider shall, to the extent practicable, request a valid form of identification from an officer or employee of an agency conducting immigration enforcement seeking to enter a nonpublic area of an early learning or child care site. This subsection may not be construed to limit an early learning provider's right to consult with counsel or challenge the validity of a judicial warrant or court order in a court of competent jurisdiction.
If a worker employed or hired by an early learning provider is represented by a union and is subject to an immigration enforcement action on the early learning or child care site, the early learning provider must contact the worker's collective bargaining representative.
Early learning providers are encouraged to adopt the model policy described in section 2 of this act.
For the purposes of this section, the following definitions apply:
"Early learning providers" include, but are not limited to, licensed or certified child care centers, family home providers, and outdoor nature-based child care providers; early childhood education and assistance program providers; birth to three early childhood education and assistance program providers; head start and early head start programs; private and nonprofit preschool; home visitation programs; and early intervention services providers;
"Immigration enforcement" includes any and all efforts to investigate, enforce, or assist in the investigation or enforcement of any federal civil immigration law, and any and all efforts to investigate, enforce, or assist in the investigation or enforcement of any federal criminal immigration law that penalizes a person's presence in, entry, or reentry to, or employment in, the United States;
"Immigration or citizenship status" has the same meaning as defined in RCW 43.17.420; and
"Nonpublic area" means any area in which authorized individuals have a reasonable expectation of privacy. A "nonpublic area" may be established through methods including, but not limited to, mapping signage, key entry, and policies limiting access to authorized individuals.
Nothing in this section may be construed to create a private right of action on the part of any individual or entity.
Within 12 months after the effective date of this section, the attorney general, in consultation with appropriate stakeholders including, but not limited to, early learning providers and the department of children, youth, and families, shall publish a model policy limiting assistance with immigration enforcement at early learning provider settings and facilities. The model policy must be consistent with federal and state law and ensure that early learning provider settings and facilities remain safe and accessible to all Washington residents, regardless of immigration status or citizenship status. The attorney general may elect to publish more than one model policy to address the needs of different early learning providers, taking into account differences in facilities, settings, available resources, and other relevant factors.
Implementation of any policy under this section must be in accordance with state and federal law; policies, grants, waivers, or other requirements necessary to maintain funding; or other agreements related to the operation and functions of the early learning provider, including any of the early learning provider's databases.
The definitions in RCW 43.17.420 and section 1 of this act apply to this section.
Except as required by state or federal law or as required to administer a state or federally supported educational program, school district employees may not do either of the following:
Collect information or documents regarding immigration or citizenship status of students or their family members; or
Allow an officer or employee of an agency conducting immigration enforcement to enter a nonpublic area of a school site for any purpose without being presented with a valid judicial warrant or court order. A school district employee shall, to the extent practicable, request a valid form of identification from an officer or employee of an agency conducting immigration enforcement seeking to enter a nonpublic area of a school site. This subsection may not be construed to limit a school district's or employee's right to consult with counsel or challenge the validity of a judicial warrant or court order in a court of competent jurisdiction.
If a school district employee represented by a union is subject to an immigration enforcement action on the school site, the school district must contact the employee's collective bargaining representative.
This section does not prohibit a school district from establishing heightened standards and protections.
[Empty]
By the beginning of the 2027-28 school year, each school district board of directors shall adopt or amend, if necessary, a policy and procedure for limiting immigration enforcement in schools that is in accordance with this section.
A school district shall maintain its policy and procedures adopted pursuant to (a) of this subsection and make that policy available to the office of the superintendent of public instruction upon request.
This section governs school operation and management under RCW 28A.710.040 and 28A.715.020 and applies to charter schools established under chapter 28A.710 RCW and state-tribal education compact schools subject to chapter 28A.715 RCW to the same extent as it applies to school districts.
For the purposes of this section, the following definitions apply:
"Immigration enforcement" has the same meaning as defined in section 1 of this act;
"Immigration or citizenship status" has the same meaning as defined in RCW 43.17.420;
"Nonpublic area" has the same meaning as defined in section 1 of this act;
"School district employee" means an officer, employee, agent, or contractor of a school district; and
"School site" means an individual public school campus, an area where a school-sponsored activity is currently being held, or a school bus or other transportation provided by a school district.
Nothing in this section may be construed to create a private right of action on the part of any individual or entity.
To enhance the privacy available to facility users and residents and promote safe environments conducive to patient and resident care, health care facilities and adult family homes shall develop policies to designate areas as public or nonpublic.
Unless required by state or federal law, health care facilities and adult family homes and their workers may not allow any person access to the nonpublic areas of the facilities or homes, for immigration enforcement purposes, unless the person has a valid judicial warrant or court order that specifically grants access to nonpublic areas of the facilities or homes.
Health care facilities and adult family homes and their workers shall, to the extent possible, have the denial of permission for access to nonpublic areas of the facilities or homes pursuant to subsection (2) of this section witnessed and documented by at least one other worker.
If a worker employed or hired by a health care facility or adult family home is represented by a union and is subject to an immigration enforcement action at the facility or home, the health care facility or adult family home shall contact the worker's collective bargaining representative.
Health care facilities and adult family homes shall inform workers and relevant volunteers on how to respond to requests relating to immigration enforcement that grant access to health care facility sites, adult family homes, patients, or residents.
For the purposes of this section, the following definitions apply:
"Adult family home" has the same meaning as defined in RCW 70.128.010;
"Immigration enforcement" has the same meaning as defined in section 1 of this act; and
"Nonpublic area" has the same meaning as defined in section 1 of this act.
Nothing in this section may be construed to create a private right of action on the part of any individual or entity.
Governing boards shall develop policies to designate areas of institutions of higher education as public or nonpublic.
Except as required by state or federal law or as required to administer a state or federally supported educational program, faculty, employees, and volunteers of an institution of higher education may not allow an officer or employee of an agency conducting immigration enforcement to enter a nonpublic area of the institution for any purpose without being presented with a valid judicial warrant or court order. A faculty member, employee, or volunteer shall, to the extent practicable, direct the immigration officer to the office of the president, or their designee, for purposes of verifying the legality of any judicial warrant or court order. This subsection may not be construed to limit an institution's or individual's right to consult with counsel or challenge the validity of a judicial warrant or court order in a court of competent jurisdiction.
If a faculty member or employee of an institution of higher education is represented by a union and is subject to an immigration enforcement action at the institution, the institution shall contact the faculty member's or employee's collective bargaining representative.
This section does not prohibit an institution of higher education from establishing heightened standards and protections.
For the purposes of this section, the following definitions apply:
"Immigration enforcement" has the same meaning as defined in section 1 of this act;
"Immigration officer" means any state, local, or federal law enforcement officer who is seeking to enforce immigration law;
"Institution of higher education" has the same meaning as defined in RCW 28B.92.030; and
"Nonpublic area" has the same meaning as defined in section 1 of this act.
Nothing in this section may be construed to create a private right of action on the part of any individual or entity.
During primaries, general elections, and special elections, a county auditor shall designate as nonpublic any place where ballots are handled, processed, counted, or tabulated.
Unless required by state or federal law, any election officer, or any worker or volunteer of a county auditor's office, may not allow any person access to nonpublic areas as described in subsection (1) of this section for immigration enforcement purposes, unless the person has a valid judicial warrant or court order that specifically grants access to those nonpublic areas.
An election officer, or a worker or volunteer of a county auditor's office, shall, to the extent possible, have the denial of permission for access to nonpublic areas pursuant to subsection (2) of this section witnessed and documented by at least one other election officer, worker, or volunteer.
The county auditor shall inform election officers, workers, and volunteers on how to respond to requests relating to immigration enforcement that grants access to nonpublic areas as described in subsection (1) of this section.
For the purposes of this section, the following definitions apply:
"Immigration enforcement" has the same meaning as defined in section 1 of this act; and
"Nonpublic area" has the same meaning as defined in section 1 of this act.
Nothing in this section may be construed to create a private right of action on the part of any individual or entity.
If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.
This act may be known and cited as the secure and accountable federal enforcement (SAFE) act.
This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately.